Transnet is blatantly ignoring a judgement of the Labour Court in Johannesburg, by once again breaching the terms of a collective agreement by forcing employees to take their annual leave to the company’s discretion.
Transnet decided not to appeal against Judge Connie Prinsloo’s judgement, granted in favour of the United National Transport Union (UNTU), on 9 November last year.
The state-owned enterprise (SOE) and UNTU are currently adhering to the terms of the judgement by allowing a task team to determine which employees were affected when Transnet unilaterally enforced leave over the 2015 Festive Season.
UNTU learned that Transnet is once again forcing employees to take leave when its suits the employer. This instruction, to managers of offices where there is low operational activity over the Festive Season, comes from Transnet’s Human Resources department.
Steve Harris, General Secretary of UNTU, says the leadership of Transnet is blatantly arrogant and disrespects the rule of law.
“Transnet complains about the devastating effects of the declining global demand for its products, but at the same time the company is wasting money on legal fees simply because its leadership has not learned their lesson, “says Harris.
To clarify the issue Harris quotes from page 12, paragraph 50 of the judgement:
“UNTU succeeded in showing that Transnet breached the relevant collective agreements in implementing enforced leave during the enforced leave period.”
Harris says, on page 20 paragraph 88 of the judgement, Prinsloo found that section 20 (10)(a) and (b) of the Basic Conditions of Employment Act are mutually exclusive.
“If there is an agreement (sec 20(10)(a), leave must be taken in accordance with the agreement, and it is not open for the employer to unilaterally determine when leave should be taken. Only where there is no agreement, the employer determines the timing of leave (sec 20(10)(a),” Prinsloo ruled.
According to the Judge, the arbitrator who heard the matter found that Transnet could not invoke section 20 (10) (b) of the Act to implement enforced leave as the collective agreement regulates the timing for taking leave and affords an employee wishing to take leave, the opportunity to apply for leave.
“Annual leave applications are granted according to leave rosters, unless agreed otherwise. The arbitrator found that leave was to be determined in accordance with the provisions of the collective agreements and Transnet could only unilaterally fix the timing of leave, as provided for in section 20 (10)(b) of the Act, if there was no agreement, which is not the case,” the Judge said.
Harris says Transnet is acting maliciously. “If the company does not withdraw its latest misleading instructions to its employees within 48 hours, UNTU will seek legal advice and approach the court for a punitive court order, “says Harris.
For more information phone Harris at 082 566 5516.
Issued on behalf of UNTU by Sonja Carstens, Media and Liaison Officer. For UNTU Press Releases e-mail sonja@untu.co.za or phone 082 463 6806.
UNTU Greetings.
S CARSTENS
Media and Liaison Officer
Obo
SA HARRIS
